Interest in International Arbitration
Series: Oxford International Arbitration Series;
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88 383 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 13 February 2019
- ISBN 9780198779513
- Binding Hardback
- No. of pages320 pages
- Size 250x179x22 mm
- Weight 714 g
- Language English 0
Categories
Short description:
This work is the first authoritative analysis of the treatment of interest in arbitration awards. It is a comprehensive assessment of the approaches commonly used in determining interest in international arbitration. The work sets out a uniform approach and a framework for calculation of particular value to arbitrators and practitioners.
MoreLong description:
Interest plays a vital and increasing role in international arbitration proceedings, with almost every case having an element of interest involved. However, until now, the topic has received very little attention, meaning that arbitrators have had very little concrete foundation on which to judge decisions on interest awards. This book is the first authoritative guidance to address this, providing a uniform approach to the awarding of interest in international arbitration.
Interest in International Arbitration aligns arbitrators' decisions with standard commercial practice, offering a practical and logical approach to how interest should be awarded. It sets out traditional approaches that arbitrators have followed in the past, such as using conflict of law to apply a statutory rate from a given law, or awarding instead a subjectively 'reasonable' rate, and examines how these inconsistent approaches have resulted in a variety of awards and decisions. The author uses this analysis as a basis for a uniform approach to the issue: granting compound interest at appropriate rates unless constrained by truly mandatory law. The author sets out the calculation method, explores the benefits and limitations, and presents a thorough argument for the movement toward a uniform approach to interest awards.
Dr Secomb's book represents a comprehensive, up-to-date and critical monograph on the subject of interest. It is timely because there is growing appreciation that the economic and quantitative aspects of international disputes deserve fuller and better attention from parties and their counsel, and arbitrators. As such, this study will be of great assistance to arbitration practitioners, scholars and students in this under-examined corner of international arbitration.
Table of Contents:
Introduction
Background
The rate of interest
Calculation method
Period
Conclusion
